Repatriation Regulations (Amendment)

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STATUTORY RULES

1966 No. 65

REGULATIONS UNDER THE REPATRIATION ACT 1920-1965.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920-1965.

Dated this twenty-fourth day of February, 1966.

Governor-General

By His Excellency’s Command,

Minister of State for Repatriation.

Amendments of the Repatriation Regulations†

Sustenance allowance while undergoing medical treatment, &c.

1. Regulation 71 of the Repatriation Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Where a member who has been granted sustenance allowance under sub-regulation (1.) of these Regulations in respect of a continuous period of four weeks continues to be prevented from following his usual occupation for a further period that is continuous with that period of four weeks, the rate of sustenance allowance payable in respect of the period of four weeks and the further period for which the member is prevented from following his usual occupation shall be the rate that would have been payable under the succeeding provisions of this regulation if the member had, with the approval of a Deputy Commissioner, been receiving in-patient treatment at a hospital for an incapacity due to war service.”.

Medical treatment for widows, &c.

2. Regulation 73 of the Repatriation Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) In this regulation, ‘child’ in relation to a member, means—

(a) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s war service and has not been adopted by the member) who has not attained the age of sixteen years;

(b) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s war service and has not been adopted by the member) who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

* Notified in the Commonwealth Gazette on 3 March, 1966.

† Statutory Rules 1943, No. 233, as amended to date. For previous amendments of the Repatriation Regulations, see footnote † to Statutory Rules 1965, No. 124; and see also Statutory Rules 1965, No. 124.

14981/65.—Price 9d. (8c) 9/18.1.1966

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of a pension under Part III. of the Social Services Act 1947-1965; and

Funeral expenses.

3. Regulation 179 of the Repatriation Regulations is amended by omitting sub-regulations (3.) and (4.).

4. After regulation 179 of the Repatriation Regulations the following regulation is inserted:—

Funeral benefits—service pensioners.

“179a.—(1.) In this regulation, unless the contrary intention appears—

‘child’ in relation to a member, means—

(a) a son, daughter, step-son, step-daughter or adopted child of the member who has not attained the age of sixteen years; and

(b) a son, daughter, step-son, step-daughter or adopted child of the member who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of a pension under Part III. of the Social Services Act 1947-1965;

‘deceased pensioner’ means a deceased person—

(a) who was, at the time of his death, a pensioner;

(b) who had before his death lodged a claim for, and would but for his death have been eligible to receive, a service pension—

(i) as a member of the Forces under section 84 or 85 of the Act; or

(ii) as a person specified in paragraph (a) or(b) of section 120 of the Act; or

(i) had before his death lodged a claim for, and would but for his death have been eligible to receive, an allowance under section 9 of the Tuberculosis Act 1948; and

(ii) would if he had lodged a claim for a pension referred to in the last preceding paragraph instead of the claim referred to in the last preceding sub-paragraph, have been eligible, but for his death, to receive that pension;

‘pensioner’ means a person who—

(a) is in receipt of a service pension—

(i) as a member of the Forces under section 84 or 85 of the Act; or

(ii) as a person specified in paragraph (a) or (b) of section 120 of the Act; or

(b) is in receipt of an allowance under section 9 of the Tuberculosis Act 1948 and would, but for the receipt of that allowance, be eligible to receive a pension referred to in the last preceding paragraph.

“(2.) A reference in this regulation to the cost of a funeral shall be read as not including a reference to such portion of the cost of a funeral as the Deputy Commissioner is satisfied was met, or will be met, by payment from a contributory funeral benefit fund, other than a contributory funeral benefit fund of a trade union or friendly society.

“(3.) Subject to sub-regulation (9.) of this regulation, where—

(a) a person has paid, or is liable to pay, an amount in respect of the cost of the funeral of—

(i) the deceased spouse of the person;

(ii) a deceased child of the person; or

(iii) a deceased pensioner; and

(b) the first-mentioned person was a pensioner at the time of, or became a pensioner within six months after, the death of the deceased person,

a Deputy Commissioner may grant to the first-mentioned person in respect of the funeral a funeral benefit of—

(d) an amount equal to the amount that he has paid or is liable to pay in respect of the cost of the funeral,

whichever is the less.

“(4.) In paragraph (b) of the last preceding sub-regulation, ‘pensioner’ includes a person in receipt of a service pension as the wife of a member of the Forces under section 85 of the Act.

“(5.) Subject to sub-regulation (9.) of this regulation, where—

(a) a person has paid, or is liable to pay, an amount in respect of the cost of the funeral of a deceased pensioner; and

(b) the first-mentioned person was a person in receipt of an age or invalid pension or a wife’s allowance or a widow’s pension under the Social Services Act 1947-1965 at the time of, or became such a person within six months after, the death of the deceased person,

there is payable to the first-mentioned person in respect of the funeral a funeral benefit of—

(d) an amount equal to the amount that he has paid or is liable to pay in respect of the cost of the funeral,

whichever is the less.

“(6.) Where the person administering a contributory funeral benefit fund of a trade union or friendly society has paid an amount in respect of the cost of a funeral to the person who conducted the funeral, the Deputy Commissioner may direct that, for the purposes of this regulation, the amount shall be deemed to have been paid by a person specified by the Deputy Commissioner.

“(7.) Subject to sub-regulation (9.) of this regulation, a Deputy Commissioner may grant, in respect of the funeral of a deceased pensioner, a funeral benefit of Twenty dollars or of an amount equal to the cost of the funeral, whichever is the less.

“(8.) A payment of a funeral benefit under the last preceding sub-regulation shall not be made to a person administering a contributory funeral benefit fund.

“(9.) Subject to the next succeeding sub-regulation, a funeral benefit under sub-regulation (3.), (5.) and (7.) of this regulation shall not be paid in respect of a funeral if a funeral benefit in respect of that funeral has been paid under another one of those sub-regulations, under the last preceding regulation or under the Social Services Act 1947-1965.

“(10.) A funeral benefit may be paid under sub-regulation (3.) or (5.) of this regulation in respect of a funeral notwithstanding that a funeral benefit in respect of that funeral has been paid under sub-regulation (7.) of this regulation but there shall be deducted from the first-mentioned funeral benefit the amount of the funeral benefit paid under sub-regulation (7.) of this regulation.”.

Commencement.

5.—(1.) The amendments made by these Regulations, other than regulation 2, shall be deemed to have come into operation on the seventh day of October, 1965.

(2.) The amendment made by regulation 2 of these Regulations shall be deemed to have come into operation on the twelfth day of December, 1965.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Repatriation Regulations 1966 were enacted to amend the existing Repatriation Regulations under the Repatriation Act 1920-1965. These regulations were introduced to address the need for updated provisions concerning sustenance allowance for members undergoing medical treatment, medical treatment for widows and children of members, and funeral benefits for service pensioners and their families. The amendments were made by the Governor-General in accordance with the Federal Executive Council, thereby formalising the changes with legal authority. The primary objective of these regulations is to ensure that service members and their families receive appropriate support and benefits in line with their needs and circumstances, particularly in the context of medical treatment and funeral expenses. The Repatriation Regulations 1966 provide specific amendments to the existing regulations, such as adjusting the criteria and rates for sustenance allowance for members undergoing continuous medical treatment, redefining the eligibility of children for medical treatment benefits, and establishing new provisions for funeral benefits. These amendments were designed to better cater to the evolving needs of the service members and their families, ensuring that they receive the support they require during challenging times. The regulations came into effect on different dates, with most provisions applying from October 7, 1965, and a specific amendment concerning medical treatment for widows and children coming into operation on December 12, 1965.

Scope and Application

The Regulations under the Repatriation Act 1920-1965 amend the Repatriation Regulations to expand the scope of sustenance allowances for members undergoing medical treatment and clarify the definition of 'child' for the purposes of medical treatment and funeral benefits. These amendments apply to members of the Australian Defence Force, their spouses, children, and other eligible dependents who are receiving or would be eligible to receive certain pensions or allowances under the Act. The geographic reach of these regulations is national, applying across all states and territories of Australia. The amendments do not specify exclusions, exemptions, or thresholds, but they provide specific definitions and conditions for eligibility. The application of these regulations may be further extended or restricted through subordinate instruments, which can introduce additional rules and clarifications to ensure proper implementation and interpretation of the Act. The commencement date for the amendments varies, with most effective from 7 October 1965 and a specific amendment regarding children taking effect from 12 December 1965.

Key Provisions

The main operative sections of these Regulations under the Repatriation Act 1920-1965 include amendments to Regulation 71, which addresses the sustenance allowance for members undergoing medical treatment, and Regulation 73, which defines the term 'child' in relation to a member for the purposes of medical treatment. Regulation 179 is also amended to clarify the provisions for funeral benefits, and a new Regulation 179a is inserted to provide specific guidelines for funeral benefits for service pensioners. These changes primarily focus on ensuring that members and their families receive appropriate financial support during medical treatment and bereavement. The Regulations impose certain obligations and requirements on the parties they govern. For instance, the Deputy Commissioner must determine whether a member qualifies for a sustenance allowance under specific conditions, and they must assess the eligibility of individuals for funeral benefits based on their relationship to the deceased and their pension status. Additionally, the Regulations require that certain costs of funerals be excluded from the calculation of funeral benefits if they have been met by contributory funeral benefit funds, except those of trade unions or friendly societies. Breach of the provisions outlined in these Regulations may lead to various consequences. While specific offences and penalties are not detailed within the text of these Regulations, breaches of the Repatriation Act 1920-1965 or related legislation could potentially result in civil or criminal penalties. For example, fraudulent claims for benefits could be subject to prosecution under relevant sections of the Criminal Code Act 1995, which may include fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as applicable laws at the time of the offence.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Commencement Provisions; Regulatory Standards; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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